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938.343
(2) Forfeiture. Impose a forfeiture not to exceed the maximum
13forfeiture that may be imposed on an adult for committing that violation or, if the
14violation is only applicable to
a person under 18 years of age juveniles, $50. The
15order shall include a finding that the juvenile alone is financially able to pay and
16shall allow up to 12 months for the payment. If a juvenile fails to pay the forfeiture,
17the court may suspend any license issued under ch. 29 or suspend the juvenile's
18operating privilege, as defined in s. 340.01 (40), for not more than 2 years. The court
19shall immediately take possession of the suspended license if issued under ch. 29 or,
20if the license is issued under ch. 343, the court may take possession of, and if
21possession is taken, shall destroy, the license. The court shall forward to the
22department
which that issued the license the notice of suspension stating that the
23suspension is for failure to pay a forfeiture imposed by the court, together with any
24license issued under ch. 29 of which the court takes possession. If the forfeiture is
25paid during the period of suspension, the court shall immediately notify the
1department, which shall, if the license is issued under ch. 29, return the license to
2the person. Any recovery under this subsection shall be reduced by the amount
3recovered as a forfeiture for the same act under s. 938.45 (1r) (b).
SB111,3189
4Section 3189
. 938.344 (3) of the statutes is amended to read:
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938.344
(3) Prosecution in adult court. If the juvenile alleged to have
6committed the violation is within 3 months of
his or her 17th birthday becoming an
7adult, the court assigned to exercise jurisdiction under this chapter and ch. 48 may,
8at the request of the district attorney or on its own motion, dismiss the citation
9without prejudice and refer the matter to the district attorney for prosecution under
10s. 125.07 (4). The juvenile is entitled to a hearing only on the issue of his or her age.
11This subsection does not apply to violations under s. 961.573 (2), 961.574 (2)
, or
12961.575 (2) or a local ordinance that strictly conforms to one of those statutes.
SB111,3190
13Section 3190
. 938.35 (1m) of the statutes is amended to read:
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938.35
(1m) Future criminal proceedings barred. Disposition by the court
15assigned to exercise jurisdiction under this chapter and ch. 48 of any allegation
16under s. 938.12 or 938.13 (12) shall bar any future proceeding on the same matter
17in criminal court when the juvenile
attains 17 years of age becomes an adult. This
18subsection does not affect proceedings in criminal court that have been transferred
19under s. 938.18.
SB111,3191
20Section 3191
. 938.355 (2) (b) 2. of the statutes is amended to read:
SB111,1664,521
938.355
(2) (b) 2. If the juvenile is placed outside the home under s. 938.34 (3)
22or (4d), the name of the place or facility, including transitional placements, where the
23juvenile shall be cared for or treated, except that if the placement is a foster home
24and the name and address of the foster parent is not available at the time of the order,
25the name and address of the foster parent shall be furnished to the court and the
1parent within 21 days after the order. If, after a hearing on the issue with due notice
2to the parent or guardian, the court finds that disclosure of the identity of the foster
3parent would result in imminent danger to the juvenile or the foster parent, the court
4may order the name and address of the prospective foster parents withheld from the
5parent or guardian.
SB111,3192
6Section 3192
. 938.355 (2) (b) 2m. of the statutes is amended to read:
SB111,1664,97
938.355
(2) (b) 2m. If the juvenile is placed outside the home under s. 938.34
8(4m)
under supervision of a county department, the name of the county department
9that will provide supervision and determine placement for the juvenile.
SB111,3193
10Section 3193
. 938.355 (2) (b) 6. of the statutes is amended to read:
SB111,1665,711
938.355
(2) (b) 6. If the juvenile is placed outside the home, a finding that
12continued placement of the juvenile in his or her home would be contrary to the
13welfare of the juvenile or, if the juvenile has been adjudicated delinquent and is
14placed outside the home under s. 938.34 (3) (a), (c), (cm), or (d)
or (4d), a finding that
15the juvenile's current residence will not safeguard the welfare of the juvenile or the
16community due to the serious nature of the act for which the juvenile was adjudicated
17delinquent. The court order shall also contain a finding as to whether the county
18department or the agency primarily responsible for providing services under a court
19order has made reasonable efforts to prevent the removal of the juvenile from the
20home, while assuring that the juvenile's health and safety are the paramount
21concerns, unless the court finds that any of the circumstances under sub. (2d) (b) 1.
22to 4. applies, and, if a permanency plan has previously been prepared for the juvenile,
23a finding as to whether the county department or agency has made reasonable efforts
24to achieve the permanency goal of the juvenile's permanency plan, including, if
25appropriate, through an out-of-state placement. The court shall make the findings
1specified in this subdivision on a case-by-case basis based on circumstances specific
2to the juvenile and shall document or reference the specific information on which
3those findings are based in the court order. A court order that merely references this
4subdivision without documenting or referencing that specific information in the
5court order or an amended court order that retroactively corrects an earlier court
6order that does not comply with this subdivision is not sufficient to comply with this
7subdivision.
SB111,3194
8Section 3194
. 938.355 (2) (b) 6d. of the statutes is created to read:
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938.355
(2) (b) 6d. Except as provided in par. (cd), if the juvenile is placed in
10a residential care center for children and youth, group home, or shelter care facility
11certified under s. 48.675, a finding as to each of the following, the answers to which
12do not affect whether the placement may be made, after considering the
13standardized assessment and the recommendation of the qualified individual who
14conducted the standardized assessment:
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a. Whether the needs of the juvenile can be met through placement in a foster
16home.
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b. Whether placement of the juvenile in a residential care center for children
18and youth, group home, or shelter care facility certified under s. 48.675 provides the
19most effective and appropriate level of care for the juvenile in the least restrictive
20environment.
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c. Whether the placement is consistent with the short-term and long-term
22goals for the juvenile, as specified in the permanency plan.
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d. Whether the court approves or disapproves the placement.
SB111,3195
24Section 3195
. 938.355 (2) (b) 6m. of the statutes is amended to read:
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1938.355
(2) (b) 6m. If the juvenile is placed outside the home in a placement
2under s. 938.34 (3)
or (4d) recommended by the agency designated under s. 938.33
3(1), a statement that the court approves the placement recommended by the agency
4or, if the juvenile is placed outside the home in a placement other than a placement
5recommended by that agency, a statement that the court has given bona fide
6consideration to the recommendations made by the agency and all parties relating
7to the juvenile's placement.
SB111,3196
8Section 3196
. 938.355 (2) (b) 6o. of the statutes is created to read:
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938.355
(2) (b) 6o. If the juvenile is placed under the supervision of the
10department of corrections under s. 938.34 (4p), a finding that a disposition under s.
11938.34 (4m) is insufficient to protect public safety or for rehabilitation, considering
12the juvenile's risk, treatment needs, and age and the severity of the offense.
SB111,3197
13Section 3197
. 938.355 (2) (cd) of the statutes is created to read:
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938.355
(2) (cd) If the results of the standardized assessment and
15recommendation of the qualified individual who conducted the standardized
16assessment are required but not available at the time of the order, the court shall
17defer making the findings under par. (b) 6d. as provided in this paragraph. No later
18than 60 days after the date on which the placement was made, the court shall issue
19an order making the findings under par. (b) 6d.
SB111,3198
20Section 3198
. 938.355 (4) (b) of the statutes is renumbered 938.355 (4) (b) 1.
21and amended to read:
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938.355
(4) (b) 1. Except as provided in s. 938.368, an order under s. 938.34 (4d)
23or (4m) made before the juvenile attains 18 years of age may apply for up to 2 years
24after the date on which the order is granted or until the juvenile's
18th 19th birthday,
25whichever is earlier, unless the court specifies a shorter period of time or the court
1terminates the order sooner. If the order does not specify a termination date, it shall
2apply for one year after the date on which the order is granted or until the juvenile's
318th 19th birthday, whichever is earlier, unless the court terminates the order
4sooner.
Except as provided in s. 938.368, an order under s. 938.34 (4h) made before
5the juvenile attains 18 years of age shall apply for 5 years after the date on which the
6order is granted, if the juvenile is adjudicated delinquent for committing a violation
7of s. 943.10 (2) or for committing an act that would be punishable as a Class B or C
8felony if committed by an adult, or until the juvenile reaches 25 years of age, if the
9juvenile is adjudicated delinquent for committing an act that would be punishable
10as a Class A felony if committed by an adult.
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112. Except as provided in s. 938.368, an extension of an order under s. 938.34
12(4d),
(4h), (4m), or (4n) made before the juvenile
attains 17 years of age becomes an
13adult shall terminate at the end of one year after the date on which the order is
14granted unless the court specifies a shorter period of time or the court terminates the
15order sooner.
SB111,1667,19
164. No extension under s. 938.365 of an original dispositional order under s.
17938.34 (4d),
(4h), (4m), or (4n) may be granted for a juvenile who
is 17 years of age
18or older when becomes an adult by the time the original dispositional order
19terminates.
SB111,3199
20Section 3199
. 938.355 (4) (b) of the statutes, as affected by 2021 Wisconsin Act
21.... (this act), is amended to read:
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938.355
(4) (b) 1. Except as provided in s. 938.368, an order under s. 938.34
(4d)
23or (4m) made before the juvenile attains 18 years of age may apply for up to 2 years
24after the date on which the order is granted or until the juvenile's 19th birthday,
25whichever is earlier, unless the court specifies a shorter period of time or the court
1terminates the order sooner. If the order does not specify a termination date, it shall
2apply for one year after the date on which the order is granted or until the juvenile's
319th birthday, whichever is earlier, unless the court terminates the order sooner.